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Rights bodies petition law on leaders` ethics
2008-04-26 09:56:59
By Guardian Reporter
Five human rights organisations yesterday filed a petition in the High Court of Tanzania in connection with the constitutionality of some provisions in the law governing the public leadership code of ethics.
They have submitted that the respective law, the Public Leadership Code of Ethics Act, contains provisions that grossly inhibit the right to freedom of expression by unreasonably restricting access to particulars regarding public leaders’ assets, interests and liabilities.
According to the Act and the country`s Constitution, it is mandatory for public leaders to declare their assets, interests and liabilities not later than 30 days after assuming office.
The declaration is supposed to be submitted to the secretariat of the Leadership Ethics Commission.
The organisations behind the petition are the Tanzania Chapter of the Southern African Human Rights NGO Network (SAHRINGON), the Tanzania Chapter of the Media Institute of Southern Africa (MISA-Tan), Kivulini Women`s Rights Organisation (Kivulini), the National Organisation for Legal Assistance, and the Tanzania Media Women Association (Tamwa).
They argue that sections 6(1) and (2) and 7(2)(c) of the 1996 Public Leadership Code of Ethics (Declaration of Interests, Assets and Liabilities) Regulations are repugnant to the country`s constitution because they deprive the people the right to access and know information on public leaders’ assets filed with the office of the Ethics secretariat.
Section 6 of the regulations gives the commissioner of the secretariat powers to deny people permission to inspect the (declaration) register if not satisfied with the genuineness of such request or dissatisfied with the intention of the request.
Among other things, section 7 bars information obtained from the register from being published, broadcast or communicated to the public.
The law states that it is a criminal offence for people to use information obtained from the register regarding public leaders’ assets, interests and liabilities.
The petitioners are asking the court to declare provisions 6(1) and (2) and 7(2) (c) of the said regulations unconstitutional.
They are also asking the court to declare that any person accessing and inspecting particulars of any public leaders regarding assets, interests and liabilities be allowed to publish such information, provided that such publication respects the rights and reputation of others and takes into account the protection of national security, public order, public health or morals.
The secretariat`s Public Relations Officer, Joanita Barongo, said when contacted yesterday afternoon that they were yet to receive a copy of the petition.
A few days ago, a group of opposition party leaders marched to the secretariat`s offices in Dar es Salaam seeking permission to flip through the register of public leaders` interests, assets and liabilities but to no avail.
A senior official with the secretariat was later quoted as saying it was a criminal offence making information and data in the register public.
The veil of secrecy shrouding the information has raised concern both inside the National Assembly and among the citizenry, with questions being asked about the degree of transparency in the country over the conduct and lifestyles of public leaders.
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